41/1924 Sb.



Convention



between the Governments of the Czech Republic and the Republic of Austria, the



on the implementation of the Convention on the release of the withheld deposit, and mutual recognition of

control securities



of 10 June 1999. August 1920.



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC AND THE REPUBLIC OF AUSTRIA HAS BEEN NEGOTIATED THIS

CONVENTION:



The Convention between the Governments of the Czech Republic and the Republic of Austria on the

the implementation of the Convention on the release of the withheld deposit, and mutual recognition of

control securities of 10 June 1999. August 1920.



In order to implement the Convention concluded between the Governments of the Republic of

Czechoslovak and the Republic of Austria concerning the release of detainees and deposit

the mutual recognition of a control marking securities, which the Convention

came into effect June 10. August 1920, agreed with the representatives of the Governments undersigned

subject to the approval of their Governments, as follows:



Article 1.



Titres unsecured debt of the former Austrian State that have to be

issued pursuant to article. 1. the Convention, without the markings referred to shall be released

in the regulations of the Austrian Federal Ministry of Finance dated March 4. October

1921, # 536 also swallowed. Act, respectively, of 27 June 2002. November 1921, no. 659

also swallowed. Act, if it is not about titres:



and that their owner) acquired for valuable consideration only after 16. July 1920;



(b)) which he translated the residence (registered office) from the territory of the Republic of Austria, the

abroad only after 16. July 1920;



(c)), which, though they were acquired before 16. July 1920, belong to the

the body, whose plant operated in the Republic of Austria was there before

After 16. July 1920 stopped; However, in those cases in which the

the main race was before that date the Republic of Czechoslovakia,

they will be released without circumlocution titres. Titres, belonging to the ownership of the

principal operating company has stores or depositní

on the issue of or performance of the principal has a right under the contract of

storage of things by properties, is komitentových.



Article 2.



1. the Austrian Government issues of ownership at the time of the titers of acquired from 16. July

1920 to 15. October 1920 (article. 1. a) of up to 100, 000,000 kroons

nominal value, without circumlocution.



2. the Titres to be released in this way, the Czechoslovak Government to

four weeks after the effectiveness of this Convention, reported the Austrian Government list.

This list will be obsahovati namely, the data on the name and address of the owner

the titers, instead of storing the type, nominal value and number of the titers, time

the acquisition of them (the day on which the order was made to purchase), the name of the consignee,

the purpose of the acquisition and if they are acquired to debt owed to the sounding of the

the old Crown, the name and residence of the borrower.



3. the Government undertakes to take when you build the list

into account in the first place on these titres which Czechoslovak lenders gained

with the permission of the Government of Czechoslovakia, and the promise that they will be nostrifikovány, to

satisfaction of its receivables denominated in the old Crown against borrowers

residing in the Republic of Austria.



4. the Government shall demand other than titres will be such,

are added to the Austro-Hungarian Gold or crowns in notes or

the Austro-Hungarian Gold in silver.



Article 3.



In the event that as a result of the final distribution of unsecured

starorakouských share of the debts of the pre-war Austria attributable in

one kind of these debts was larger than the marked part of the Austrian

of this kind, it is the agreement that the effects of the implementation of article 2. This Convention

the size of the Austrian territoriální of this kind will be holding this

way removed:



and the Czechoslovak Government excluded again) from his territorial possession they titres

of the species concerned, which as a result of the implementation of the said article of the present Convention

to its territorial possession were added, and will have available the Austrian Government

in order to mark them as Austrian territorial possession. The Austrian Government must

It shall demand only as long as the share of this kind, which will

zatěžovati Austria, definitively is not exceeded.



(b)) if the Austrian territorial holdings of any kind of unsecured

pre-war debts through the Austro-Hungarian Crown in gold or

banknotes of the Austro-Hungarian Gold or in silver, exceeded the share of

looking for Austria, the Austrian Government submits the Czechoslovak Government to

available for the purpose of marking as the Czechoslovak territorial possession of the

the surplus of territorial possession in excess of this percentage, titres of this kind to

to the amount of the nominal value of the Czechoslovak Government returned to

the basis of the provisions of section a).



Article 4.



The Czechoslovak Government undertakes, in case that the proportion based on the

final distribution of unsecured debt on prewar Austria

looking in one kind of such loans was greater than the Austrian

the marked part of the kind of the Czechoslovakian territorial possession titres

of the species concerned, up to the aggregate nominal value of 200, 000,000 to titres

of this kind, in which the Austrian part exceeds the proportion of marked

looking at Austria pursuant to article. 203, REF, 2., the peace treaty of St.

St. Germain.



This commitment, the Government of Czechoslovakia becomes only effective when

the Austrian Government will meet in full the commitment outlined in the article. 3., letter

(b)).



Article 5.



The Czechoslovak Government will be pečovati for it not to, which, according to titres

the regulation of the Austrian Federal Ministry of Finance dated March 4. October

1921, # 536 also swallowed. Cust./27. November 1921, no. 659 also swallowed.

Cust, were marked by an Oe/p, definitely intended to form the Czechoslovak

the territorial possession of these bonds, until definitively

decided on the protests lodged against their designation as an Austrian

territorial holdings.



Article 6.



Immediately after the conclusion of the proceedings to the circumlocution of the titers in both States commenced,

with which titres will be identified as part of the territorial possession of one of the two

States, the Convention will be concluded, according to which the provisions of article. 5 (B), paragraph 3.

and 4., above, the Convention applied to the former Austrian bonds

State.



Prague, May 17. in December 1921.



For the Government of the Czechoslovak Republic: l. s. Dr. BOHUMIL VLASAK in r.



WRITE



a report prepared by the Czechoslovak Ministry of finance in Prague on 17.

in December 1921, about the negotiations between representatives of the Governments of the Czechoslovak Republic and

the Republic of Austria on the implementation of the Convention on the release of the withheld deposit, and

the mutual recognition of supervisory securities of 10 June 1999. August

1920.



Representatives of Governments:



The parties in the Czech Republic: Dr. Bohumil Vlasak, head of

the Union head of the Finance Ministry, and Dr. Pavel Stránský

vicekonsul Ministry of Foreign Affairs.



The parties of the Republic of Austria: Dr. Oskar Mann, the Ministerial Council

the Federal Ministry of finance; Dr. Franz Bartsch, the Ministerial Council

the Federal Ministry of finance.



(I).



Representatives of both parties agreed, vyhradivše approval of their Governments, the

the accompanying Convention on the implementation of the Convention on the release of the withheld deposit, and

the mutual recognition of supervisory securities of 10 June 1999. August

1920.



II.



Representatives of the two parties agree on behalf of their respective Governments in the opinion that for the

the novostátních of currencies, in which the transition from currency to currency starorakouské

new became based on the parity of the currency of the original to the new currency, there is no

reason to repair the base Commission carried out modification to

by a waning of the dedicated in the second and the last sentence of paragraph 5. Annex

to article 203. the peace treaty.



III.



The Czechoslovak Government declares that as regards cases, modified

depositní of the Convention, is of the opinion, which will not also before

reparation Commission that the titres unsecured debt in the pre-war property

Czechoslovak nationals who had their residence in

the beginning of the scope of the peace treaty, t. j. to 16. July 1920, the territory of the

the Republic of Austria, belonging to the territorial holdings of Austrian according to the annex to

Article 203, para. 3., of the peace treaty, and that these members do not have the

legal claim under article 266. the peace treaty, to give them their titres

neopatřené duty stamp were issued indicating that it is a territorial possession of the Austrian.

This view does not apply, however, for the optanty, who have regained their titers, while

16. July 1920, but transferred their residence in accordance with the provisions of the

about option from the territory of the Republic of Austria, the other way up to 16th. July 1920.



IV.



This notation, the Convention listed under REF. I, as well as the annex on implementation

XVII. the enforcement decree of the Government of Austria, the Czech language are written

and German. Both texts are authentic. For the Government of the Republic of

Czechoslovakia:



Dr. BOHUMIL VLASAK in r.



L. s. Dr. PAVEL STRÁNSKÝ in r.



ANNEX TO THE PROTOCOL



of 17 May. December 1921 to perform depositní of the Convention.



The Austrian Government will be pečovati, so that in the performance of the XVII. the regulation of the Austrian

the Ministry of Finance of 27 June. November 1921. 659 also swallowed. Cust.,

the place responsible for receiving the protests proceeded as follows:



1. even such protests will be accepted, in which the merits of,

that party to justify the protest relied on, it is only verified or

even without verifying the only alleged. The obligation of the parties there within a reasonable

period, calculated from the date of the filing of the protest, the necessary documents to prove the

alleged circumstance is not affected.




2. Without prejudice to the Austrian Government's opinion on such protests will be včři

received protests even those parties that their titers were acquired only after 16.

July 1920. Regarding the other factual party hardened,

What is said in paragraph 1.



3. The postal savings bank and the Austria-Hungarian Bank will be ordered to when

depositech for them, belonging to the nationals of the Republic of

The Czechoslovak, who outside the territory of the Republic of Austria, the bydlejí, to take

the protests lodged by the Office of the Prague Post cheque in the name of depositors.

When giving the postal checking Office in Prague protests within the meaning of decision

Reparation Commission of 31 March 2005. August 1921. 1502, and of 14 July 2004. and 26.

October 1921, no. 113/13 (C), against oficielnímu the Austrian circumlocution

Austrian pre-war rent cumulatively (on behalf of the

Czechoslovak depositors, who on the basis of a Convention between depositní

the Czechoslovak Republic and the Republic of Austria from June 10. August 1920

and the Czechoslovak Ministry of finance Decree of 29 April. September 1920,

REF. 549 Coll. and n., hijacked mail checking authority to deposit,

deposited with the postal savings bank, respectively, in Austria-Hungarian Bank, back

in the territory of the Czechoslovak Republic, and whose applications are postal

cheque authority before 1. in December 1921, appointed by schovacím points

sent to you. Lists and applications which mailbox checking postal authority has already

spořitelna or Austria-Hungarian Bank posted on them and the accuracy of the

the conditions laid down by the Convention confirmed depositní replaced by licence

Czechoslovak nationality and residence outside the territory of the Republic

The Austrian. The card that was acquired before the 16 titres. July 1920, there

because the fact is the postal savings bank and the Austria-Hungarian Bank

from custom entries known or depositními for receipts and rentovými

the books that were at the same time with the college applications sent, demonstrated.



4. the Austrian Government will be pečovati to unsecured titres of pre-war

the postal savings bank debt due, which will be the subject of

financial conventions between cessionářskými States the separation of assets of the postal

the savings banks, have not been marked as Austrian territorial holdings and to

Reparation Commission reported as assets used to perform financial

the measures mentioned in the article. 215 St. St. Germain peace treaty.



5. in the case of persons who, on the basis of the Czechoslovak regulation of 7 April. April

1921, no. 151 Coll. and n., cast your titres marked already the brand

"O" the official custody and now against the Austrian

designation of the protest, the Austrian Government official confirmation

the Czechoslovak schovacích places as verification within the meaning of § 6 POS.

the sentence above, XVII. the Austrian Government Regulation.



L. s. Dr. BOHUMIL VLASAK in r.



APPENDIX



Ku article I write, prepared by one of the ... of the Czechoslovak Ministry of finance

Prague, May 17. in December 1921, about the negotiations between the representatives of the Governments of the Republic of

The Czechoslovak Republic and Austria on the implementation of the Convention on the release

withheld deposit, and mutual recognition of the inspection mark of the securities

papers of 10 June 1999. August 1920.



Representatives of the two parties agree on behalf of their respective Governments in the opinion that under the titres

referred to in article 4. the Convention identified by the above log attached

According to the integration just as in article 2. and (3). only titres

unsecured debt denominated in the pre-war Austro-Hungarian Gold

or to the Crown in notes or in the Austro-Hungarian Gold in silver,

rather than seeking the gold, and the titers, which have to be replaced,

each other according to the capabilities of the soul without circumlocution to territoriálního in

the second State could be identified as his territorial holdings.



This supplement is an essential part of the above-mentioned Protocol of 17 December.

in December 1921.



For the Government of the Czechoslovak Republic: l. s. Dr. BOHUMIL VLASAK in r.



VŠDOUCE PROZKOUMAVŠE THIS CONVENTION AND THAT THE NATIONAL ASSEMBLY OF THE REPUBLIC

CZECHOSLOVAKIA WITH HER AGREES TO APPROVE AND CONFIRM IT.



THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND THE SEAL OF THE REPUBLIC

THE CZECHOSLOVAK PŘITISKNOUTI DALI.



PRAGUE CASTLE on 10. May 1925.



The PRESIDENT of the CZECHOSLOVAK REPUBLIC: t. g. MASARYK in r.



MINISTER of FOREIGN AFFAIRS: Dr. EDVARD BENEŠ in r.



This Convention is announced with the fact that the instruments of ratification were exchanged

on December 10, 1923 in Vienna, Austria, which became the international scope.



Dr. Edvard Beneš in r.